Parties: Talley v. California
Date: 1960-03-07
Identifiers:
Opinions:
Segment Sets:
Paragraph: 13 - In Lovell v. City of Griffin, 303 U.S. 444, 58 S.Ct. 666, 82 L.Ed. 949, we held void on its face an ordinance that comprehensively forbade any distribution of literature at any time or place in Griffin, Georgia, without a license. Pamphlets and leaflects it was pointed out, 'have been historic weapons in the defense of liberty' and enforcement of the Griffin ordinance 'would restore the system of license and censorship in its baldest form.' Id., 303 U.S. at page 452, 58 S.Ct. at page 669. A year later we had before us four ordinances each forbidding distribution of leaflets—one in Irvington, New Jersey, one in Los Angeles, California, one in Milwaukee, Wisconsin, and one in Worcester, Massachusetts. Schneider v. State of New Jersey, Town of Irvington, 308 U.S. 147, 60 S.Ct. 146, 84 L.Ed. 155. Efforts were made to distinguish these four ordinances from the one held void in the Griffin case. The chief grounds urged for distinction were that the four ordinances had been passed to prevent either frauds, disorder, or littering, according to the records in these cases, and another ground urged was that two of the ordinances applied only to certain city areas. This Court refused to uphold the four ordinances on those grounds pointing out that there were other ways to accomplish these legitimate aims without abridging freedom of speech and press. Frauds, street littering and disorderly conduct could be denounced and punished as offenses, the Court said. Several years later we followed the Griffin and Schneider cases in striking down a Dallas, Texas, ordinance which was applied to prohibit the dissemination of information by the distribution of handbills. We said that although a city could punish any person for conduct on the streets if he violates a valid law, 'one who is rightfully on a street * * * carries with him there as elsewhere the constitutional right to express his views in an orderly fashion * * * by handbills and literature as well as by the spoken word.'
Notes:
Preferred Terms:
Phrase match: abridging freedom of speech and press
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 15 - There can be no doubt that such an identification requirement would tend to restrict freedom to distribute information and thereby freedom of expression. 'Liberty of circulating is as essential to that freedom as liberty of publishing; indeed, without the circulation, the publication would be of little value.'
Notes:
Preferred Terms:
Phrase match: thereby freedom of expression. 'Liberty of
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 27 - Talley makes no showing whatever to support his contention that a restraint upon his freedom of speech will result from the enforcement of the ordinance. The existence of such a restraint is necessary before we can strike the ordinance down.
Notes:
Preferred Terms:
Phrase match: his freedom of speech will result
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 29 - I stand second to none in supporting Talley's right of free speech—but not his freedom of anonymith. The Constitution say nothing about freedom of anonymous speech. In fact, this Court has approved laws requiring no less than Los Angeles' ordinance.
Notes:
Preferred Terms:
Phrase match: his freedom of anonymith. The Constitution
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 32 - All that Los Angeles requires is that one who exercises his right of free speech through writing or distributing handbills identify himself just as does one who speaks from the platform. The ordinance makes for the responsibility in writing that is present in public utterance. When and if the application of such an ordinance in a given case encroaches on First Amendment freedoms, then will be soom enough to strike that application down. But no such restraint has been shown here. After all, the public has some rights against which the enforcement of freedom of speech would be 'harsh and arbitrary in itself.'
Notes:
Preferred Terms:
Phrase match: of freedom of speech would be
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 29 - I stand second to none in supporting Talley's right of free speech—but not his freedom of anonymith. The Constitution say nothing about freedom of anonymous speech.
Notes:
Preferred Terms:
Phrase match: s right of free speech—but
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 32 - All that Los Angeles requires is that one who exercises his right of free speech through writing or distributing handbills identify himself just as does one who speaks from the platform. The ordinance makes for the responsibility in writing that is present in public utterance.
Notes:
Preferred Terms:
Phrase match: his right of free speech through
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 13 - We said that although a city could punish any person for conduct on the streets if he violates a valid law, N58* 'one who is rightfully on a street * * * carries with him there as elsewhere the constitutional right to express his views in an orderly fashion * * * by handbills and literature as well as by the spoken word.'
Notes:
Preferred Terms:
Phrase match: constitutional right to express his views
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 29 - I stand second to none in supporting Talley's right of free speech—but not his freedom of anonymity. The Constitution say nothing about freedom of anonymous speech. In fact, this Court has approved laws requiring no less than Los Angeles' ordinance. I submit that they control this case and require its approval under the attack made here.
Notes:
Preferred Terms:
Phrase match: of free speech—but not his
Search time: 2017-11-10 14:59:38 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk